Q: Can I sue in small claims court if my landlord doesn’t return the flooding assistance application back to me?
Due to hurricane Ida, our 3 bedroom basement apartment got flooded. Because of this we were forced to stay in a hotel for 2 nights, which the landlord agreed to discount from the rent. When we got back to the apt we noticed the walls were damaged, and so was our furniture. Because it’s a basement, due to the humidity mold started growing. The mold formed on the walls and in our furniture. We got an application from 311 to help us replace the furniture but needed a letter from the landlord explaining the situation and damages. The landlord agreed to give us the letter and we gave them the application but they have not returned it. A few weeks later a pipe in the 1st floor burst at 3 am and water started coming from the ceilings. Again, more of our furniture was damaged, including our fridge. We have since moved out due to the unsanitary conditions as I am pregnant. The landlord and their agent have failed to return us the letter and application. Can I sue them for the damages instead?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.